Bill Text: NY S02467 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to access to patient or client records in the investigation and prosecution of professional licensing and misconduct proceedings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S02467 Detail]
Download: New_York-2017-S02467-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2467 2017-2018 Regular Sessions IN SENATE January 13, 2017 ___________ Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to access to patient or client records in the investigation and prosecution of professional licensing and misconduct proceedings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 8 of section 6506 of the education law, as 2 amended by chapter 866 of the laws of 1980, is amended to read as 3 follows: 4 (8) Designate a professional conduct officer, who shall be the chief 5 administrative officer of the office of the professions, or his desig- 6 nee, in connection with professional licensing and misconduct 7 proceedings and criminal matters, such officer to be empowered to issue 8 subpoenas and administer oaths in connection with such proceedings. 9 Notwithstanding any provision of law to the contrary, said professional 10 conduct officer, or his or her representatives, may examine and obtain 11 records of patients or clients in any investigation or proceeding by the 12 department acting within the scope of its authorization. Unless express 13 consent is obtained from the patient or client, any information so 14 obtained shall be confidential and shall not be further disclosed except 15 to the extent necessary for the proper function of the department, and 16 the name of the patient or client may not be disclosed by the department 17 or its employees at any stage of the proceedings unless the patient or 18 client has expressly consented. Any other use or dissemination of infor- 19 mation from such records by any person by any means, unless it is pursu- 20 ant to a valid court order or otherwise authorized by law, shall be 21 prohibited; 22 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08032-01-7
